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HomeMy WebLinkAboutAgenda Report - September 16, 2015 C-13AGENDA ITEM C� 13 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Report Regarding Communication Pertaining to Assembly Bill 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation MEETING DATE: September 16, 2015 PREPARED BY: City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation. BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 718 (Chu). There was a need to send a letter of opposition immediately in light of a pending hearing. AB 718 would prohibit local agencies from enforcing laws and ordinances, or otherwise subject to civil or criminal penalties, the act of people sleeping or resting in a lawfully -parked motor vehicle. While a vehicle may be "lawfully parked" in a residential neighborhood or in the parking lot of a business, that does not mean that it is acceptable to have people live there. The issues raised by AB 718 are less about parking and more about the use of vehicles for human habitation, including sleeping and "resting" in front of existing homes and businesses. The attached letter, electronically signed by the the initial request, along with the text of the bill, purposes only, pursuant to policy. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. APPROVED: Mayor, was sent out on September 2, 2015. A copy of is also attached. This report is provided for informational r;�— 111 ;!i -. G- . . y Clerk Manager N:\Administration\CLERK\Council\COUNCOM\LeagueReceiveReportMaster.doc CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE MOUNCE ALAN NAKANISHI CITY OF L OD I The Honorable Kansen Chu California State Assembly State Capitol, Room 2179 Sacramento, CA 95814 Via FAX: (916) 319-2125 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk(a)lodi.gov September 2, 2015 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: AB 718 (CHU) — REMOVAL OF REGULATORY AUTHORITY: VEHICLES USED FOR HUMAN HABITATION — Notice of Opposition On behalf of the City of Lodi, I write to inform of our opposition to AB 718, which would prohibit local agencies from enforcing laws and ordinances, or otherwise subject to civil or criminal penalties, the act of people sleeping or resting in a lawfully -parked motor vehicle. While a vehicle may be "lawfully parked" in a residential neighborhood or in the parking lot of a business, that does not mean that it is acceptable to have people live there. The issues raised by AB 718 are less about parking and more about the use of vehicles for human habitation, including sleeping and "resting" in front of existing homes and businesses. City parking locations, whether on public or private property (other than campgrounds), were never intended or designed for residential occupancy. Such uses raise major issues of sanitation, as well as the ability of residents to feel secure in their homes and citizens to conduct business activity. This measure should be rejected. Cities work hard to balance all of the needs of their communities. It is simply not appropriate for the Legislature to attempt to remove local government authority to appropriately protect the public health, safety, and welfare of their residents from issues that arise when people live outside of campgrounds in cars and trucks parked on public and private property. These are not easy issues to deal with, but they cannot responsibly be ignored. What is most needed to combat homelessness is funding for affordable housing and emergency shelters. There are several major pending measures that can help restore funds for affordable housing; we encourage legislators to support additional funding for affordable housing and homeless solutions. Because this measure would undermine local authority to appropriately protect the public health, safety, and welfare of our residents, we must oppose AB 718. Sincerely, /s/ Bob Johnson Bob Johnson Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: 916-651-4905 Assemblymember Jim Cooper, Fax: 916-319-2109 William Weber, Principal Consultant, Assembly Republican Caucus, Fax: (916) 319-3560 Misa Lennox, Consultant, Assembly Local Government Committee, Fax: (916) 319 3959 Stephen Qualls, League Regional Public Affairs Manager, sgualls(acacities.org Meg Desmond, League of California Cities, mdesmond(a)cacities.org N:AAdministration\CLERK\Council\CORRESP\LETTERSVIAB718.doc Jennifer Ferraiolo From: Stephen R. Qualls <squalls@cacities.org> Sent: Tuesday, September 01, 2015 1:42 PM Subject: URGENT: CALLS AND LETTERS NEEDED Attachments: Action Alert AB 718 (Chu) Vehicles Used for Human Habitation 8.31.15.docx; AB 718 sample oppose.docx FYI: We have no letters from our division on a bill that I know most of our cities will have concerns about. So please send a letter soon. ACTION ALERT!! AB 718 (Chu). Removal of Regulatory Authority: Vehicles Used for Human Habitation OPPOSE Background for AB 718 (Chu): This measure prohibits local agencies from enforcing laws and ordinances, or otherwise subject to civil or criminal penalties, the act of people sleeping or resting in a lawfully parked motor vehicle. While recent amendments have been added in an effort to clarify various aspects, the policies of this bill remain flawed. City parking locations whether on public or private property —other than campgrounds—were never intended or designed for residential occupancy. This measure would promote a "new normal" of vehicle living as a viable option and publicly sanction such uses in state law. This bill is also not restricted to people that are homeless. The bill applies to anyone who is sleeping or "resting" in a vehicle. Such vagueness leaves this law subject to broader interpretation and abuse. For instance, police officers may find it more difficult to deal with suspicious vehicles where the occupants claim to be "resting" but may be in an area for other reasons. Retirees and vacationers with disposable income may begin to view local streets and roads as less costly options than public and private campgrounds. Others may decide to take advantage of California's climate, beautiful coastline and quality of life and live in vehicles (as some do in boats) as a lifestyle choice. ACTION: AB 718 is scheduled to be heard on the Senate floor TODAY. Please call your Democratic Senator ASAP. If you have a Senator on the list below, these members are a priority and should receive a call immediately. Senate Targets Member District Party Room Phone Ben Allen 25 D 2054 916-651-4026 Hannah -Beth Jackson 19 D 2032 916-651-4019 Cathleen Galgiani 5 D 2059 916-651-4005 Jerry Hill 13 D 5035 916-651-4013 Marty Block 39 D 4072 916-651-4039 Richard Roth N 31 D 4034 916-651-4031 William Monning 17 D 313 916-651-4017 Steve Glazer 7 D 4082 916-651-4007 Bob Wieckowski 10 D 3086 916-651-4010 Lois Wolk 3 D 5114 916-651-4003 Mike McGuire 2 9 D 5064 916-651-4002 Loni Hancock 9 D 2082 916-651-4009 You can find your Legislator's contact information here: http://findyourrep.legislature.ca.gov/. Talking Points: * This measure should be rejected. Our city works hard to balance all of the needs of our community. It is simply not appropriate for the Legislature to attempt to remove local government authority to appropriately protect the public health, safety and welfare of our residents from issues that arise when people live in cars and trucks parked on public and private property. * People should be living in houses, not cars. The state has woefully underinvested in funds for affordable housing and emergency shelters, and recently eliminated local redevelopment agencies that previously generated $1 billion per year for affordable housing. Rather than sanctioning automotive living in AB 718, the Legislature and Governor should provide more funds to build affordable units by approving AB 35 and AB 1335. * It has been argued that locals could respond to this measure by enacting more stringent parking laws. They can, and likely will, but this raises larger questions about what hundreds of thousands more "no parking" signs, residential parking stickers, and parking meters will do other than making mobility more difficult and costly for all other community residents, businesses districts and state tourism. * It is one thing to park an empty car in front of someone's house; it is quite another for an occupied vehicle to be parked "resting" in front of the house for hours and days. The property owner will want to know: Who is this person? What is their intention? How can you tell if they are "resting" under 5B 718 versus stalking the home or its occupants? * Under AB 718, the bill appears to prohibit a police officer from asking the person to move or issuing a citation if they don't. If there are no other parking restrictions, the vehicle and its occupants could remain there until the city adopted an ordinance prohibiting all parking in that area. * Our local businesses would face similar concerns. One or more vehicles could park in front of a business removing potential parking spots for customers, and depending on the conduct of the occupants, potentially intimidate the public from visiting the location. Stephen Qualls Central Valley Regional Public Affairs Manager League of California Cities 209-614-0118 Fax 209-883-0653 squalls@cacities.org<mailto:squalls@cacities.org> [Description: Description: LCC_Logo_SM] [X] Strengthening California Cities through Advocacy and Education To expand and protect local control for cities through education and advocacy in order to enhance the quality of life for all Californians. <http://www.cacities.org/AC> PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or using public resources, even if it's from your personal email account. If in doubt, check with your city attorney. ***Disclaimer***Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public resources. You may however forward this message to your non-public e-mail account for distribution on non-public time. If you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271 or egan@cacities.org ACTION ALERT!! AB 718 (Chu). Removal of Regulatory Authority: Vehicles Used for Human Habitation Background for AB 718 (Chu): This measure prohibits local agencies from enforcing laws and ordinances, or otherwise subject to civil or criminal penalties, the act of people sleeping or resting in a lawfully parked motor vehicle. While recent amendments have been added in an effort to clarify various aspects, the policies of this bill remain flawed. City parking locations whether on public or private property–other than campgrounds—were never intended or designed for residential occupancy. This measure would promote a "new normal" of vehicle living as a viable option and publicly sanction such uses in state law. This bill is also not restricted to people that are homeless. The bill applies to anyone who is sleeping or "resting" in a vehicle. Such vagueness leaves this law subject to broader interpretation and abuse. For instance, police officers may find it more difficult to deal with suspicious vehicles where the occupants claim to be "resting" but may be in an area for other reasons. Retirees and vacationers with disposable income may begin to view local streets and roads as less costly options than public and private campgrounds. Others may decide to take advantage of California's climate, beautiful coastline and quality of life and live in vehicles (as some do in boats) as a lifestyle choice. ACTION: AB 718 is scheduled to be heard on the Senate floor TODAY. Please call your Democratic Senator ASAP. If you have a Senator on the list below, these members are a priority immediately. Senate Targets and should receive a call Member District Party Room I Phone Ben Allen F 25 FDF 2054 1 916-651-4026 Hannah -Beth Jackson F 19 FDF 2032 916-651-4019 Cathleen Galgiani I 5 I " 2059 1 916-651-4005 Jerry Hill F 13 FDF 5035 1 916-651-4013 Marty Block F 39 FDF 4072 1 916-651-4039 Richard Roth F 31 FDF 4034 1 916-651-4031 William Monning F 17 FDF 313 916-651-4017 Steve Glazer FF D 4082 1 916-651-4007 Bob Wieckowski F 10 FDF 3086 1 916-651-4010 Lois Wolk I 3 I " 5114 F 916-651-4003 Mike McGuire F FDF 5064 F 916-651-4002 Loni Hancock � 9 FDF 2082 916-651-4009 You can find your Legislator's contact information here: http://findvourrep.legislature.ca.gov/. Talking Points: This measure should be rejected. Our city works hard to balance all of the needs of our community. It is simply not appropriate for the Legislature to attempt to remove local government authority to appropriately protect the public health, safety and welfare of our residents from issues that arise when people live in cars and trucks parked on public and private property. People should be living in houses, not cars. The state has woefully underinvested in funds for affordable housing and emergency shelters, and recently eliminated local redevelopment agencies that previously generated $1 billion per year for affordable housing. Rather than sanctioning automotive living in AB 718, the Legislature and Governor should provide more funds to build affordable units by approving AB 35 and AB 1335. • It has been argued that locals could respond to this measure by enacting more stringent parking laws. They can, and likely will, but this raises larger questions about what hundreds of thousands more "no parking" signs, residential parking stickers, and parking meters will do other than making mobility more difficult and costly for all other community residents, businesses districts and state tourism. It is one thing to park an empty car in front of someone's house; it is quite another for an occupied vehicle to be parked "resting" in front of the house for hours and days. The property owner will want to know: Who is this person? What is their intention? How can you tell if they are "resting" under SB 718 versus stalking the home or its occupants? • Under AB 718, the bill appears to prohibit a police officer from asking the person to move or issuing a citation if they don't. If there are no other parking restrictions, the vehicle and its occupants could remain there until the city adopted an ordinance prohibiting all parking in that area. • Our local businesses would face similar concerns. One or more vehicles could park in front of a business removing potential parking spots for customers, and depending on the conduct of the occupants, potentially intimidate the public from visiting the location. AMENDED IN SENATE JULY 14, 2015 AMENDED IN ASSEMBLY MAY 18, 2015 AMENDED IN ASSEMBLY APRIL 21, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION ASSEMBLY BILL No. 718 Introduced by Assembly Member Chu (Coauthor: Assembly Member Gonzalez) February 25, 2015 An act to add Section 50034 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 718, as amended, Chu. Local government: powers. Existing law authorizes the legislative body of a city or county to pass ordinances not in conflict with state or federal law and the state or federal constitution. This bill would prohibit the legislative body of a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties, or removing or impounding a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. The bill would also find and declare that the provisions of the bill address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. 95 AB 718 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 —2— The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that the provisions of this measure address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties. SEC. 2. Section 50034 is added to the Government Code, to read: 50034. (a) The legislative body of a city, county, or city and county shall not prohibit or otherwise subject to civil or criminal penalties, or remove and impound a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. (b) Nothing in this section shall be interpreted to do any of the following: (1) Prohibit a law enforcement officer from arresting, citing, or otherwise penalizing an occupant of a motor vehicle for any criminal activity or violation of the Vehicle Code. (2) Exempt an occupant of a motor vehicle from compliance with any state or local law, including those relating to litter, sanitation, alcohol or drug consumption, weapons possession, animal control, or noise control. (3) Exempt a vehicle owner from compliance with a local ordinance that restricts the use ofpublic streets for vehicle storage. Al 95 CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov citvclerkCcDlodi,_aov STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney September 2, 2015 The Honorable Kansen Chu r4r 1 California State Assembly State Capitol, Room 2179 Sacramento, CA 95814 Via FAX: (916) 319-2125 RE: AB 718 (CHU) — REMOVAL OF REGULATORY AUTHORITY: VEHICLES USED FOR HUMAN HABITATION — Notice of Opposition On behalf of the City of Lodi, I write to inform of our opposition to AB 718, which would prohibit local agencies from enforcing laws and ordinances, or otherwise subject to civil or criminal penalties, the act of people sleeping or resting in a lawfully -parked motor vehicle. While a vehicle may be "lawfully parked" in a residential neighborhood or in the parking lot of a business, that does not mean that it is acceptable to have people live there. The issues raised by AB 718 are less about parking and more about the use of vehicles for human habitation, including sleeping and "resting" in front of existing homes and businesses. City parking locations, whether on public or private property (other than campgrounds), were never intended or designed for residential occupancy. Such uses raise major issues of sanitation, as well as the ability of residents to feel secure in their homes and citizens to conduct business activity. This measure should be rejected. Cities work hard to balance all of the needs of their communities. It is simply not appropriate for the Legislature to attempt to remove local government authority to appropriately protect the public health, safety, and welfare of their residents from issues that arise when people live outside of campgrounds in cars and trucks parked on public and private property. These are not easy issues to deal with, but they cannot responsibly be ignored. What is most needed to combat homelessness is funding for affordable housing and emergency shelters. There are several major pending measures that can help restore funds for affordable housing; we encourage legislators to support additional funding for affordable housing and homeless solutions. Because this measure would undermine local authority to appropriately protect the public health, safety, and welfare of our residents, we must oppose AB 718. Sincerely, /s/Bob Johnson Bob Johnson Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: 916-651-4905 Assemblymember Jim Cooper, Fax: 916-319-2109 William Weber, Principal Consultant, Assembly Republican Caucus, Fax: (916) 319-3560 Misa Lennox, Consultant, Assembly Local Government Committee, Fax: (916) 319 3959 Stephen Qualls, League Regional Public Affairs Manager, sauails@cacities.org Meg Desmond, League of California Cities, mdesmond(a7cacities.ora N:\Administration\CLERK\Council\CORRESP\LETTERSUAB718 doc 09/02/2015 WED 09:52 FAX ********************* *** FAX TX REPORT *** ********************* TX IMAGE SET NOT TO DISPLAY TRANSMISSION OK JOB NO. 0469 DEPT. ID 101 DESTINATION ADDRESS 919163192125 SUBADDRESS DESTINATION ID ST. TIME 09/02 09:51 TX/RX TIME 00'41 PGS. 1 RESULT OK 2001 09/02/2015 WED 09:53 FAX ********************* *** FAX TX REPORT *** ********************* TX IMAGE SET NOT TO DISPLAY TRANSMISSION OK JOB NO. 0470 DEPT. ID 101 DESTINATION ADDRESS 919166514905 SUBADDRESS DESTINATION ID ST. TIME 09/02 09:53 TX/RX TIME 00' 42 PGS. 1 RESULT OK 12001 09/02/2015 WED 09:54 FAX ********************* *** FAX TX REPORT *** ********************* TX IMAGE SET NOT TO DISPLAY TRANSMISSION OK JOB NO. 0471 DEPT. ID 101 DESTINATION ADDRESS 919163192109 SUBADDRESS DESTINATION ID ST. TIME 09/02 09:54 TX/RX TIME 00'42 PGS. 1 RESULT OK 0001 09/02/2015 WED 09:56 FAX ********************* *** FAX TX REPORT *** ********************* TX IMAGE SET NOT TO DISPLAY TRANSMISSION OK JOB NO. 0472 DEPT. ID 101 DESTINATION ADDRESS 919163193560 SUBADDRESS DESTINATION ID ST. TIME 09/02 09:55 TX/RX TIME 00' 42 PGS. 1 RESULT OK 12001 09/02/2015 WED 09:57 FAX ********************* *** FAX TX REPORT *** ********************* TX IMAGE SET NOT TO DISPLAY TRANSMISSION OK JOB NO. 0473 DEPT. ID 101 DESTINATION ADDRESS 919163193959 SUBADDRESS DESTINATION ID ST. TIME 09/02 09:56 TX/RX TIME 00' 36 PGS. 1 RESULT OK